The Supreme Court orders all lower courts to complete execution petitions within six months, warning judges they’ll be held accountable for delays. The move aims to speed up justice in civil disputes.
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NEW DELHI: The Supreme Court of India ordered all High Courts to instruct lower civil courts to complete the execution petitions within six months. If these petitions are not decided within this period, then the presiding judges of those courts will be held responsible.
A bench consisting of Justices J B Pardiwala and Pankaj Mithal also directed High Courts to collect data from district courts regarding the number of pending execution petitions. Execution petitions are filed in civil courts when a party wants the court’s decision (decree) to be implemented. These petitions are currently pending for 3-4 years in many courts.
Justice Pardiwala expressed concern about the delays and said clearly,
“If the execution petitions remain pending for three-four years, it defeats the very purpose of decree.”
The Supreme Court gave this judgment while hearing a civil case that began in Tamil Nadu in 1980. This case involved a land dispute.
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In its important order, the Supreme Court said,
“We direct all the high courts across the country to call for the necessary information from their respective district judiciary as regards pendency of the execution petitions.”
The top court added that once the High Courts collect the required information, they should issue clear instructions or circulars directing lower courts to finish these petitions within six months, without exception.
“Otherwise the presiding officer concerned would be answerable to the high court on its administrative side,”
-the Supreme Court said.
The Supreme Court further instructed High Courts to send this collected data along with individual reports to the Supreme Court’s registry. The registry of the Supreme Court will inform all High Courts about this decision. The Supreme Court will review compliance after seven months.
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The court highlighted that earlier in 2021 and 2022 also, it had ordered these execution petitions to be completed within six months from filing. But those instructions have still not been followed properly.
The Supreme Court pointed out that there was a “long and inordinate” delay by civil courts in deciding such petitions.
The case that the Supreme Court decided involved a land deal made on June 30, 1980, by a person named Ayyavoo Udayar from Tamil Nadu. After disputes arose over ownership, Udayar filed a civil case in 1986 for specific performance of the agreement against other parties.
In 2004, Udayar (the decree-holder) asked the court to order the opposite party to sign the sale deed and hand over the property, but this petition was dismissed. He filed another petition against this dismissal, which was allowed in 2006. However, the sale deed was still not executed.
Again, in 2008, an order was issued to give possession, but even this order was not implemented properly.
The Supreme Court observed that the High Court had made a serious mistake.
The court said clearly,
“We must now ensure that the appellants are able to reap the fruits of the decree. We are also of the view that the rejection by the high court of the amendments to the execution petition filed by the appellants, was erroneous and deserves to be set aside.”
The Supreme Court finally ordered the executing court to ensure the property is handed over peacefully to the decree-holders (the appellants). It further instructed that if necessary, police assistance can be taken.
The court said this must be done “without fail” within two months.
This Supreme Court ruling aims to speed up the justice process in civil courts and ensure that people receive timely benefits from court decrees.
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